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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1988
136 A.D.2d 717 (N.Y. App. Div. 1988)

Opinion

January 25, 1988

Appeal from the Supreme Court, Kings County (Marrus, J.).


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, so as to provide that the 1-to-3-year sentences imposed on the defendant's convictions of six counts of sexual abuse in the first degree shall run concurrently rather than consecutively; as so modified, the judgment is affirmed.

The evidence, viewed in a light most favorable to the prosecution, is legally sufficient to support the defendant's conviction of the crimes charged (see, People v Contes, 60 N.Y.2d 620, 621). Moreover, upon the exercise of our factual review power we are satisfied that the defendant's guilt was proven beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15).

Further, the court properly admitted a vibrator and bag into evidence as they were properly connected to the defendant and the crimes charged through the victim's testimony to render them relevant to the People's case (see, People v Mirenda, 23 N.Y.2d 439; People v Connelly, 35 N.Y.2d 171).

We find that the sentences imposed were excessive to the extent indicated.

We have examined the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Brown, Rubin and Harwood, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1988
136 A.D.2d 717 (N.Y. App. Div. 1988)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM BROWN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 25, 1988

Citations

136 A.D.2d 717 (N.Y. App. Div. 1988)

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